SIS was in attendance, accompanied by two representatives and an interpreter.
(The interpreter was not in attendance at the start of this item when the Senior Licensing Officer presented his report, however SIS confirmed that he had previously received a copy of the report and understood what he had heard the Senior Licensing Officer say to the Committee.)
The Senior Licensing Officer introduced the report and summarised it for everyone.
He confirmed that SIS had not had a recent DBS check.
One of the representatives drew everyone’s attention to a written statement submitted earlier on behalf of SIS. He highlighted that SIS had been granted a Licence in 2018 and that the two offences committed since then were now more than 6 months old. He conceded that SIS had not advised BCC of the offences until September 2018 – contrary to the requirements of his Licence. SIS had submitted an application form for a Licence in January 2020 and paid the fee but the form was not on his BCC file. BCC had considered SIS a fit and proper person in 2018 and he has since committed two offences which are now over 2 years old. On both occasions he was only 7 mph above the speed limit. SIS has received very positive feedback from
Uber and is not a danger to the public. He should therefore be granted a Licence.
The Senior Licensing Officer confirmed that the application form from SIS had not found its way onto the file.
The second representative confirmed that this is not a public safety issue and that
SIS had received an excellent report from Uber.
SIS drew the Committee’s attention to his statement submitted earlier. He stated that he did not consider that his past history was relevant to this application and that only his two most recent offences should be taken into account. In response the Chair stated that the Committee has the right to look at the whole history of an applicant before making a decision on any application.
SIS apologised to the Members for his past behaviour and confirmed that he was aware of public safety issues.
In response to a question concerning his request for exemption from taking the Knowledge Test and the Gold Standard Course again, SIS stated that he had taken both previously and therefore considered it not necessary for him to take them again.
The Senior Licensing Officer reminded the Committee that the BCC Policy requires a new applicant to take the Knowledge Test and complete the Gold Standard Course as well as undertake a DBS check.
The Senior Licensing Officer, SIS, his two representatives and the interpreter left the Meeting whilst the Committee made its decision.
The Legal Advisor provided legal advice to the Committee.
The Committee noted all of the written and verbal evidence put before it.
The Members noted the history of SIS and that his Licence had been restored in
2018, followed by him committing two speeding offences and failing to disclose the offences at the time resulting in his application for a Licence being refused in February 2019. The Members also noted that his last offence was now more than 6 months ago.
In regards to the request from SIS to exempt him from being required to take the Knowledge Test and complete the Gold Standard Course, the Members did not consider that they had heard enough evidence to convince them to set aside their Policy and agree to this request.
The Members therefore agreed that the application by SIS for a Private Hire Driver’s Licence be granted subject to him completing the elements of the Council’s fit and proper person test specified in paragraph 13 of the Report.
Everyone returned to hear the decision.
Resolved – (voting 4 for, 0 against) that the application by SIS for a Private Hire Driver’s Licence be granted subject to him completing the elements of the Council’s fit and proper person test specified in paragraph 13 of the Report.
(Councillors Davies and Johnson left the Meeting after this Item.)